Township of Upper Gwynedd, PA Part 4 Community Sewage Systems [1]

[Adopted 9-24-2007 by Ord. No. 2007-08]

[1] Editor's Note: Former Part 4, Manhole Protection, adopted 4-23-1973 by Ord. No. 73-8, was repealed 6-15-1987 by Ord. No. 87-6.

Article VIF Municipal Management

§ 155-29.30 Definitions; inspections; operation; maintenance; rehabilitation; administration; appeals; violations and penalties.

A. Definitions.

AUTHORIZED AGENT

An employee of the Township, professional engineer, plumbing inspector, sewage enforcement officer, or any other qualified or licensed person who is authorized to function within specified limits as an agent of the Township to administer or enforce the provisions of this Part 4.

BOARD

The Board of Commissioners of Upper Gwynedd Township.

COMMUNITY SEWAGE SYSTEM

Any privately owned system for the collection of sewage from two or more lots and the discharge thereof to the sewage collection, conveyance and treatment facilities owned and operated by the Township (the "Township sewer facilities").

LOT

A part of a subdivision or a parcel of land used as a building site or intended to be used for building purposes, whether immediate or future, which would not be further subdivided. Whenever a lot is used for a multiple-family dwelling or for commercial or industrial purposes, the lot shall be deemed to have been subdivided into an equivalent number of single-family residential lots as determined by estimated sewage flows.

MALFUNCTION

A condition which occurs when a community sewage system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into a building connected to the system or in any manner causes a nuisance or hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.

PERSON

Any individual, association, public or private corporation, for-profit or not-for-profit, partnership, firm, trust, estate, department, board, bureau or agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of any association, partnership or firm and the officers of any local agency or municipal, public or private corporation, for-profit or not-for-profit.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health or to animal or aquatic life or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law,"[1] as amended.

SUBDIVISION

The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.

TOWNSHIP

The Township of Upper Gwynedd.

[1] Editor's Note: See 35 P.S. § 691.1 et seq.

B. Inspections.

(1) Any community sewage system may be inspected by the Township's authorized agent at any reasonable time as of the effective date of this Part 4.

(2) Such inspection may include a physical tour of the property served by the community sewage system, the taking of samples from surface water, wells or other groundwater sources, the sampling of the contents of the community sewage system itself and/or the introduction of a traceable substance into said system to ascertain the path and ultimate destination of wastewater therein.

(3) The Township's authorized agent shall have the right to enter upon land for the purposes of inspections described in this section.

(4) An initial inspection shall be conducted by the Township's authorized agent within one year of the effective date of this Part 4 for the purpose of determining the functional status of each community sewage system in the Township's Act 537[2] service area. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Township records. The report may contain recommendations for improved operation and maintenance of the system.

[2] Editor's Note: "Act 537" refers to the Pennsylvania Sewage Facilities Act. See 35 P.S. § 750.1 et seq.

(5) A schedule of routine inspections may be established to assure the proper functioning of the community sewage systems in the Township's Act 537 service area.

(6) The Township's authorized agent shall inspect community service systems known to be or alleged to be malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the Township's authorized agent shall order action to be taken to correct the malfunction.

C. Operation.

(1) Each person owning a community sewage system shall operate said system in a safe manner and in such a way that it does not suffer a malfunction.

(2) Only normal domestic wastes shall be discharged into any community sewage system. The following shall not be discharged into the system:

(a) Industrial waste;

(b) Automobile oil and other nondomestic oil;

(c) Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents;

(d) Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains; and

(e) Wastewater resulting from hair treatment at multichaired beauty shops.

D. Maintenance.

(1) Each person owning a community sewage system shall maintain such system in such a way that it does not suffer a malfunction. Toward that end, each such person shall prepare and submit to the Township's consulting engineer a plan, which shall include a provision for routine inspection, ongoing performance maintenance, preventive maintenance, emergency responses and maintenance of appropriate maintenance and response logs.

(2) At least once each year, at a time to be determined by the Township's consulting engineer, each person owning a community sewage system shall submit a report to the Township of its maintenance and emergency response activities. In addition, each such person shall submit a report to the Township's consulting engineer of any malfunction of the community sewage system, and said report shall include a description of the malfunction and a plan of action for its correction. Any such report shall be submitted within 30 days of the malfunction event.

E. System rehabilitation.

(1) The malfunction of any community sewage system is prohibited.

(2) Should any such malfunction occur, a written notice of violation shall be issued to the person owning the malfunctioning community sewage system.

(3) When any malfunction of a community sewage system has been identified, the owner thereof shall proceed to the prompt correction of said malfunction. Should said malfunction not be promptly corrected by the owner of the malfunctioning community sewage system, the Township may proceed to the correction thereof, in which case all costs and expenses incurred by the Township in correcting said malfunction shall be paid to the Township by the owner of the malfunctioning community sewage system. Should said costs and expenses not be promptly paid to the Township, the Township may employ any remedies at law or in equity for collection thereof, including the filing of appropriate liens.

F. Administration.

(1) The Board shall establish all administrative procedures necessary to properly carry out the provisions of this Part 4.

(2) The Board may establish a fee schedule and authorize the collection of fees to cover the cost to the Township of administering this program.

G. Appeals.

(1) Appeals from final decisions of the Township or any of its authorized agents under this Part 4 shall be made to the Board, in writing, within 30 days from the date of written notification of the decision in question.

(2) The appellant shall be entitled to a hearing before the Board at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the next regularly scheduled meeting. The Township shall thereafter affirm, modify or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township.

(3) A decision shall be rendered in writing within 30 days of the date of the hearing.

(4) Hearings under this subsection shall be conducted pursuant to the Act of December 2, 1968 (P.L. 1133, No. 353), known as the "Local Agency Law."[3]

[3] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

H. Penalties.

(1) Any person or persons, firm or corporation who shall violate any of the provisions of this Part 4, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this Part 4 are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this Part 4, the person or persons so offending may be committed to the Montgomery County Prison for a period not to exceed 30 days.

[Amended 2-27-2017 by Ord. No. 2017-01]

(2) Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.

(3) This section shall not preclude the Township from any other remedy it may have at law or equity.